This may have come up previously, but I just noticed it:
From
http://canlii.ca/t/gvnpq
Mother made a false allegation against the father, judge calls it family violence.
From
http://canlii.ca/t/gvnpq
Mother made a false allegation against the father, judge calls it family violence.
Family violence:
[35] Whatever her reason for doing so, the mother pleaded that the father was not a fit enough parent to exercise unsupervised parenting time with the child. Whenever one parent alleges that the other is not fit, the most likely result will be that their child or children will lose, at least for a time, the love, affection and attention of that parent.
[36] When it is a false allegation, it treats those children like they are nothing more than pawns to be used to win a law suit and is therefore worthy of further comment.
[37] I find that the mother’s pleadings, which alleged that the father was an unfit parent, were filed with the court to improve her chances of winning a law suit; not because they were true.
[38] Shortly after filing those pleadings, the mother cut off the father’s parenting time for about a month and, further, she allowed the child to know certain things about the law suit. She allowed the child to believe that the father was going to court to get an order to make the child go to a different school and to take him away from his mother.
[39] Family violence is defined in Section 1 of the Family Law Act to include “psychological or emotional abuse of a family member”.
[40] I find that the mother: falsely allowed the child to believe that his father was going to court as some sort of plot to try to take him away from his mother; falsely pleaded to the court that the father was unfit; and acted as though that allegation were true and cut off contact between the child and the father. I find that the cumulative effect of those actions was that she committed an act of psychological or emotional abuse of a family member which is an act of family violence.
[35] Whatever her reason for doing so, the mother pleaded that the father was not a fit enough parent to exercise unsupervised parenting time with the child. Whenever one parent alleges that the other is not fit, the most likely result will be that their child or children will lose, at least for a time, the love, affection and attention of that parent.
[36] When it is a false allegation, it treats those children like they are nothing more than pawns to be used to win a law suit and is therefore worthy of further comment.
[37] I find that the mother’s pleadings, which alleged that the father was an unfit parent, were filed with the court to improve her chances of winning a law suit; not because they were true.
[38] Shortly after filing those pleadings, the mother cut off the father’s parenting time for about a month and, further, she allowed the child to know certain things about the law suit. She allowed the child to believe that the father was going to court to get an order to make the child go to a different school and to take him away from his mother.
[39] Family violence is defined in Section 1 of the Family Law Act to include “psychological or emotional abuse of a family member”.
[40] I find that the mother: falsely allowed the child to believe that his father was going to court as some sort of plot to try to take him away from his mother; falsely pleaded to the court that the father was unfit; and acted as though that allegation were true and cut off contact between the child and the father. I find that the cumulative effect of those actions was that she committed an act of psychological or emotional abuse of a family member which is an act of family violence.
Comment